H. B. 2860
(By Delegates Givens, Varner,
Tucker, Fahey and Pethtel)
[Introduced March 15, 2001; referred to the
Committee on Veterans' Affairs then Finance.]
A BILL to amend and reenact section ten, article one, chapter
nine-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article by
adding thereto a new section, designated section eleven, all
relating to authorizing the director of veterans affairs to
purchase West Virginia and United States flags for resale.
Be it enacted by the Legislature of West Virginia:
That section ten, article one, chapter nine-a of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that said article be further amended
by adding thereto a new section, designated section eleven, all to
read as follows:
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-10. Powers and duties of director.
The director shall be the executive and administrative head of
the division, and as such shall have the power and duty, subject to
the provisions of section four hereof, to:
(a) Supervise and put into effect the purposes and provisions
of this article and the rules and regulations for the government of
the division;
(b) Prescribe methods pertaining to investigations and
reinvestigations of all claims, and to the rights and interests of
all veterans, their widows, dependents and orphans;
(c) Prescribe uniform methods of keeping all records, and case
records of the veterans, their widows, dependents and orphans;
(d) Sign and execute, in the name of the state by "West
Virginia division of veterans' affairs," and by and with the
consent of the veterans' council, any contract or agreement with
the federal government or its agencies, other states, subdivisions
of this state, corporations, associations, partnerships or
individuals;
(e) Supervise the fiscal affairs and responsibilities of the
division;
(f) Organize the division to comply with the requirements of this article and with the standards required by any federal act or
any federal agency;
(g) Establish such regional or area offices throughout the
state as may be necessary to promote efficiency and economy in
administration;
(h) Make such reports as will comply with the requirements of
any federal act or federal agency and the provisions of this
article;
(i) Cooperate with the federal and state governments for the
more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings;
record and file all contracts and agreements, and assume
responsibility for the custody and preservation of all papers and
documents pertaining to his or her office and the division;
(k) Prepare for the veterans' council the annual reports to
the governor of the condition, operation and functioning of the
division;
(l) Direct operations by the division for the sale for profit
of flags of this state and the United States;
(l) (m) Exercise any other powers necessary and proper to
standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests, and claims
of veterans, their widows, dependents and orphans, and to promote
the efficiency of the division;
(m) (n) Invoke any legal, equitable or special remedies for
the enforcement of his or her orders or the provisions of this
article;
(n) (o) Appoint the veterans' affairs officers and heads of
divisions of the division, and of regional or area offices, and
employ such assistants and employees as may be necessary for the
efficient operation of the division; and
(o) (p) Delegate to all or any of his appointees, assistants
or employees all powers and duties vested in the director, except
the power to sign and execute contracts and agreements, but the
director shall be responsible for the acts of such appointees,
assistants and employees.
§9A-1-11. Sales of flags.
The authorization for the sale of flags of this state and the
United States, heretofore vested with the division of corrections
is hereby transferred and vested with the division of veteran's
affairs. The division shall establish a special account in which
to deposit all proceeds received from the sale of flags. Proceeds received in the special account shall be used exclusively to
promote and support the activities of the division of veterans
affairs and to purchase additional flags for resale. The purchase
of the flags shall, where applicable, be made in accordance with
the provisions of article three, chapter five-a of this code. The
purchasing division of the department of administration shall, on
or before the first day of June, two thousand one, purchase an
initial allotment of five hundred state flags and five hundred
United States flags which shall be delivered to the West Virginia
Veterans Home at Barboursville in order to be stored prior to
distribution to vendor sites for public sale. The director shall
propose legislative rules for approval by the Legislature in
accordance with article three, chapter twenty-nine-a, designed to
effectuate the purposes of this section.
NOTE: The purpose of this bill is to
authorize the director of
veterans affairs to purchase West Virginia and United States flags
for resale.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§9A-1-11 is new, therefore strike-throughs and underscoring
has been omitted.